Greensboro Wrongful Death Lawyer

Greensboro Wrongful Death Attorney

Greensboro, North Carolina, might conjure images of fun summer days and exciting nightlife. When you lose a loved one due to the willful negligence of another person or entity, however, it is hard to concentrate on the attractions of the Piedmont Triad. If you suspect your loved one was the victim of wrongful death, it is time to contact a Greensboro wrongful death lawyer.

At Elam & Rousseaux, PLLC, our skilled attorneys have over 90 years of experience advocating for clients whose loved ones were lost due to medical malpractice, car accidents, and other wrongdoing.

Damages Recoverable for Wrongful Death in North Carolina

North Carolina General Statutes (NCGS) Chapter 28A-18-2b states that a claimant can file against the negligent party for damages for the following after the wrongful death of a loved one:

• Expenses for medical care to treat the injury that caused the wrongful death
• Pain and suffering of the decedent
• Reasonable funeral expenses
• Compensation for the loss of the net income of the decedent
• Services, protection, and care of the decedent to the claimant
• The loss of the society, comfort, and kindness of the decedent to the claimant
• Punitive damages
• Nominal damages if the jury chooses

Types of Wrongful Death Claims

There are various types of wrongful death claims. These include:

Medical Malpractice

NCGS Chapter 28A-18-2 states that if the decedent would have been able to pursue a personal injury claim, the representative of the estate may pursue a wrongful death claim.\

Medical malpractice wrongful deaths occur when a medical professional acts in a way that does not meet the standard of medical care, and that action or inaction results in the death of the patient.

When you or your loved one has placed care in the hands of a medical professional, and it ends in death, feelings of pain and sorrow can overwhelm those left behind and leave you unsure of how to proceed. A Greensboro wrongful death lawyer can help gather evidence, interview witnesses, and determine whether you have a case for compensation. An attorney can also provide compassionate, trusted counsel if you decide to pursue your claim.

Car Accidents

North Carolina has a contributory negligence law that bars a family from seeking monetary recovery if the deceased was even one percent at fault for their own death in a car accident. Knowing the law, understanding the evidence, and developing a strong legal strategy are all necessary to prevent the defendant’s legal team from claiming your loved one was partially at fault.

In 2022, Guilford County reported that car accidents were the third leading cause of accidental death of residents. When a car accident results in the death of a loved one, no amount of money can bring them back. However, if another person’s negligence caused the accident and subsequent death, North Carolina law allows estates to pursue a civil case against the responsible party, even if criminal charges are forthcoming.

Property Negligence

If a person’s property contains unreasonably unsafe conditions, such as obstacles left on walkways that create a dangerous fall risk, and that negligence causes wrongful death, the decedent’s representative may file a claim against the property owner.

Across the state, falls are the second leading cause of injury and accidental death, according to

Other Types of Wrongful Death

Some other common types of wrongful death accidents include:

• Bicycle accidents
• Truck accidents
• Work accidents
• Defective products

If you believe your loved one was in a wrongful death incident, consulting a wrongful death lawyer can help you determine if you have a legal claim.

Hire a Wrongful Death Lawyer

When your loved one is gone, emotional turmoil can prevent you from considering a wrongful death claim promptly. Unfortunately, North Carolina’s statute of limitations on wrongful death claims makes waiting to hire a wrongful death lawyer risky.

NCGS 1-53 includes a two-year statute of limitations for wrongful death claims, which may seem like a long time until you are dealing with insurance, estates, medical runaround, and the time it takes for lawyers to build your case.

A wrongful death lawyer from Elam & Rousseaux, PLLC, can thoroughly analyze your case, interview medical professionals, collect documents and police reports, and build a strong wrongful death claim to either negotiate a settlement or go to trial.

FAQs About Wrongful Death Law

How Much Does a Wrongful Death Lawyer Cost?

The cost of a wrongful death lawyer can vary greatly depending on the specific factors of each case. Some factors that can affect the cost of a wrongful death claim include the need to collect evidence, the medical professionals who must be consulted, and whether the defendant is willing to settle or whether the case must proceed to litigation.

What Is the Success Rate of Wrongful Death Suits in North Carolina?

There is no reliable way to determine the overall success rate of wrongful death claims in North Carolina because many cases are resolved through settlement rather than trial. The likelihood of success depends on the type of wrongful death case, the strength of the evidence, and the experience of the attorneys involved.

At Elam & Rousseaux, PLLC, our attorneys are strategic negotiators who leverage evidence and legal knowledge to pursue the highest compensation for our clients.

Who Can File a Claim for Wrongful Death in North Carolina?

In North Carolina, only the personal representative, the decedent’s collectors, or the executor of the decedent’s estate can file a claim on behalf of the heirs for wrongful death against the negligent party. Unfortunately, family members cannot file a claim on their own if they do not fit into these categories.

NCGS 28A-18-2 does allow the representative of the decedent’s estate to pay the reasonable and necessary fees, not including attorney’s fees, from the estate.

Are There Liability Damage Limits in a Wrongful Death Medical Malpractice Claim in Greensboro?

For non-economic damages, the North Carolina Office of State Budget and Management (OSBM) sets a limit for medical malpractice claims. As of January 1, 2026, the rate is $712,847, which is an approximately $56,000 increase over the previous rate of $656,730. NCGS 90-21.19 requires the OSBM to publish a new rate on January 1st every three years.

Why a Boutique Firm Is Better for Wrongful Death Claims?

At Elam & Rousseaux, PLLC, we have the resources of a large firm but maintain the client-first approach of a boutique practice. We serve clients in Greensboro and throughout the Piedmont Triad.

If you lost a loved one to the negligence of another person, business, or entity, contact us today for a free consultation.